O. Reg. 243/23: WASTE MANAGEMENT PROJECTS

 

ontario regulation 243/23

made under the

Environmental Assessment Act

Made: July 20, 2023
Filed: August 8, 2023
Published on e-Laws: August 8, 2023
Published in The Ontario Gazette: August 26, 2023

Amending O. Reg. 101/07

(WASTE MANAGEMENT PROJECTS)

1. Section 4 of Ontario Regulation 101/07 is revoked and the following substituted:

Change to landfilling site or dump, increase in total waste disposal volume

4. (1) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 375,000 cubic metres.

(2) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the following criteria are met:

1.  The total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 100,000 cubic metres but by less than or equal to 375,000 cubic metres.

2.  The change is not defined as a major commercial or business enterprise or activity and designated as an undertaking to which the Act applies under subsection 13 (2).

2. (1) Subsection 10 (2) of the Regulation is revoked.

(2) Subsection 10 (3) of the Regulation is amended by striking out “the Director” and substituting “the Minister”.

(3) Subsection 10 (4) of the Regulation is revoked.

3. Section 13 of the Regulation is amended by adding the following subsection:

(2) A change to a landfilling site or dump is defined as a major commercial or business enterprise or activity and is designated as an undertaking to which the Act applies if the change meets the following criteria:

1.  The total waste disposal volume of the landfilling site or dump after the change would exceed the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change by more than 100,000 cubic metres but by less than or equal to 375,000 cubic metres.

2.  The increase in the total waste disposal volume of the landfilling site or dump would not exceed 25 per cent of the total waste disposal volume that the landfilling site or dump was authorized to have under the Environmental Protection Act before the change.

3.  If a notice of completion under the Environmental Screening Process for Waste Management Projects has been submitted to the Ministry in respect of a previous change to the landfilling site or dump that meets the criteria in paragraphs 1 and 2, the day on which the notice of commencement is issued under the Environmental Screening Process for Waste Management Projects in respect of the change is at least 10 years after the day the notice of completion in respect of the previous change was submitted.

4. The Regulation is amended by adding the following section:

Transition, landfill expansions

29. (1) Despite subsection 10 (1) of this Regulation, Part II of the Act applies to an undertaking described in subsection 13 (2) of this Regulation if, as part of an application under subsection 5 (1) of the Act, a proponent has given a proposed terms of reference to the Ministry under subsection 6 (1) of the Act in respect of the undertaking before the date that Ontario Regulation 243/23 came into force and no decision was made in respect of the application under subsection 7 (6) or section 9 or 9.1 of the Act before that date.

(2) Subsection (1) applies to an undertaking even if the application was withdrawn during the period beginning on November 26, 2021 and ending on the day before the date that Ontario Regulation 243/23 came into force.

Commencement

5. This Regulation comes into force on the day it is filed.